IN THE CASE OF: BOARD DATE: 19 January 2016 DOCKET NUMBER: AR20150007252 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) of her deceased father, a former service member (FSM), be corrected to show award of the Purple Heart 2. The applicant states: * the reason for her father's discharge included a Certificate of Disability Discharge * her father suffered physical and psychological trauma from the Luzon battle * her father failed to yield to a fire truck in April 1950 and died in the wreck, which was probably war-related 3. The applicant provides: * FSM's WD AGO Form 53-55 * Her certificate of birth * FSM's certificate of death CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The FSM's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. His WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 3 September 1942. 4. His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 6 November 1944 and arrived in the Pacific Theater of Operations (PTO) on 25 November 1944. He departed the PTO on 18 January 1945 and arrived back in CONUS on 23 March 1943. 5. He completed 2 years, 3 months, and 11 days of continental service and 4 months and 20 days of foreign service. He was honorably discharged and issued a Certificate of Disability Discharge (CDD) on 3 May 1945. His WD AGO Form 53-55 also shows in: * Item 32 (Battles and Campaigns), he participated in the Luzon and Leyte campaigns. * Item 33 (Decorations and Citations), he was awarded the Good Conduct Medal, Asiatic-Pacific Theater Medal, and Philippine Liberation Ribbon with 2 bronze service stars * Item 34 (Wounds Received in Action), the entry "None." 6. Hospital admission records maintained by the Office of The Surgeon General show the FSM was transferred from the Philippine Island of Luzon on 12 January 1945 with manic-depressive type psychosis and was transferred to the USS Mercy on 16 January 1945. The type of injury/illness is listed as "disease." 7. The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782 during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. 8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. The Purple Heart is not awarded for mental illnesses, even if the onset of such an illness occurs in a combat theater. DISCUSSION AND CONCLUSIONS: 1. The criteria for an award of the Purple Heart require substantiating evidence to verify that the injury/wound was the result of hostile action and the injury/wound must have required treatment by medical personnel. The medical treatment must have been made a matter of official record. 2. The available evidence shows the FSM was transferred from theater due to a mental health condition. He was issued a CDD for the mental health condition. The Purple Heart is not awarded on the basis of a Soldier having been diagnosed with a mental health condition, even if that condition had its onset in a combat theater. 3. Notwithstanding the applicant's sincerity, there is no evidence in the FSM's record that shows he incurred a wound or injury that meets the criteria for award of the Purple Heart. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices the FSM made in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ _X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150007252 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007252 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1